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i have a query realted to online marketing process pls guide me
i have a website on pharmacy website, where i as a author addarticles are added.
Now these article are taken from someother websites not as a whole article but Title of news,intro text of the news and URL of the news and if some clicks on those artcile he/she is directed to that website from where article has been taken
now my query is. Is this called voilating copywriting acts.pls guide me
But pls clarify me on this too....
as Google News are also coming from different websites.with same scenario title , small description and ahead to it page goes to main news website..so have they taken some permissions from that source news website...or somwthing else? pls clarify
As well, in some cases, yes they do have agreements in place with news providers giving them permission. That's because they lost court cases in some countries.
Google is intentionally pushing the envelope, and testing the law. Can you afford to do that?
joined:Apr 25, 2002
Many factors but
- he writes articles and has some feeds at the bottom: Other News. I would say that's fine for sure. Even recommended.
- he has scraper pages that say: News from Around the Web and he has short excerpts (100 words) that link through to the original site. I think that's probably still legit. Again, the Google example. Is it a high-quality page for SERPs? No. Is it legal? I would think that if Google is, this is.
- long excerpts - uh oh.
"Fair use" is different to reporting news.
I know quite a bit about Copyright. You have asked an interesting question. I would say that links themselves are NOT Copyright material. A link is no different to a name or address, niether of which are Copyright. However, they might be Trade Marks and subject to various Trade Laws.
I hope that is of help.
If you are asking the question you probably know this though!
The only safe thing is to ask for permission for everything - anything else is legally challengeable.
But the original poster referred to his use as being "articles", which suggests something much lengthier and likely un-Fair (Use).
...not as a whole article but Title of news,intro text of the news and URL of the news and if some clicks on those artcile he/she is directed to that website from where article has been taken
Taking a brief excerpt and linking to the original source seems to be almost exactly as described as Fair Use on the U.S. Copyright website.
I'm not an attorney but it sounds fine to me. I have no mercy for copyright thieves but if you took a brief excerpt from my site and provided a working link, I certainly wouldn't have any problem with that.
You won't really get in trouble or sued unless the true owner can show how you posting that information has impacted them financially.
I think the most you can use under fair use is something like 10% of the whole article.
-intro sentence (variations of "website A has reviewed -product Foo and this was their conclusion":)
-copied paragraph of the original article with conclusion
-outro sentence (variations on "read more here")
However you should check the laws. If anyone can sue you for such a small part of the content despite your linking back, then you are better off doing that.
What I found out was that what SimplyHired did (by listing content from hundreds of job boards), those job boards were glad (and fighting for positioning) in SimplyHired. Rather than seeing the aggregator as a stealer of content, they were glad they were receiving traffic from them.
In any case, my brother is a business lawyer :)
The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.
When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.
1. Seek permission of the owner. If you can't get a response from the owner, make sure you have documentation to prove your attempts to contact the owner and then use the material only if your use falls under the Fair Use doctrine.
2. If for some reason you don't want to contact the owner to ask for permission, don't use the material.
3. Don't rely on explanations of Fair Use you read on message forums - including what I'm writing here. Read the document at the link above. If you can't understand it, consult an attorney familiar with copyright law. If you still don't understand, don't use any material from someone else.